HomeMy WebLinkAbout2810 1
RESOLUTION NO 2 8 1 0
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT FOR SERVICES WITH THE AUBURN FOOD BANK TO PURCHASE
5 AND PROVIDE FOOD TO AUBURN RESIDENTS DURING 1997
6
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8
9 Section 1 The Mayor and City Clerk of the City of
10 Auburn, Washington, are hereby authorized to enter into an
11 Agreement for Services with The Auburn Food Bank to provide
12
for the purchase and providing of food to Auburn residents
13
during 1997 A copy of the Agreement is attached and is
14
15 designated as Exhibit "A" and is incorporated by reference in
16 this Resolution
17 Section 2 The Mayor is hereby authorized to implement
18
such administrative procedures as may be necessary to carry
19
20 out the directives of this legislation
21
22
23
24
25
26
Resolution No 2810
January 16, 1997
Page 1
1
2 DATED and SIGNED this 18th day of February, 1997
3
4 CITY OF AUBURN
5
6 - •-f
7 � \n110,r't'e aa2
8 CHARLES A BOOTH
MAYOR
9
10
11
ATTEST
12
13
14 25- ( /l.J a /
15 Robin Wohlhueter,
City Clerk
16
17
18 APPROVED AS TO FORM
19
20
jliScgi&
21
22 Michael J Reynolds,
City Attorney
23
24
25
26
Resolution No 2810
January 16, 1997
Page 2
ORIGINAL
1 AGREEMENT FOR SERVICES
2
3 �7
THIS AGREEMENT made and entered into this f0 — day of
4
g7cc(,_ , 1997, by and between the CITY OF AUBURN,
5
a municipal corporation of the State of Washington, hereafter
6
referred to as "CITY" and THE AUBURN FOOD BANK, a non-profit
7
corporation organized under the laws of the State of
8
Washington, whose mailing address is P 0 Box 464 , Auburn,
9
Washington 98071 and service address is 930 18th Place
10
Northeast, Auburn, Washington 98002 , hereinafter referred to
11
as "THE AUBURN FOOD BANK"
12
WHEREAS, THE AUBURN FOOD BANK provides a valuable service
13
to the CITY and its residents through the dispensation of
14
food; and
15
WHEREAS, the CITY is interested in continuing support of
16
the dispensation of food
17
NOW, THEREFORE, In consideration of the covenants and
18
conditions of this Agreement , the parties agree as follows
19
1 PURPOSE,
20
The purpose of this Agreement is to provide for an
21
appropriation to THE AUBURN FOOD BANK to be used for the
22
purchase and providing of food to Auburn residents during the
23
1997 term This continued support is in recognition of the
24
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 fd\agree\afb97)
January 16, 1997 Page 1
1
2 fact that the demand for the services delivered by THE AUBURN
3 FOOD BANK continues to rise
4 2 . SCOPE OF SERVICES.
5 The parties agree and understand that THE AUBURN FOOD
6 BANK agrees to use the appropriation for the purchase of food
7 to be provided to Auburn residents at local distribution
8 site (s) within the Auburn Community Services shall include
9 but are not limited to those services described as follows
10 A Distribution of packaged, canned, fresh and
11 preparable food items to Auburn residents who lack
12 sufficient economic resources to provide themselves
13 with regular meals and a balanced diet
14 B Education of the community concerning (1) the
15 importance of food in the community; (2) the
16 inability of certain segments of the community' s
17 population to acquire necessary food independent of
18 the food bank; and (3) the importance of the role of
19 the Auburn Food Bank in the Auburn Community
20 In addition, THE AUBURN FOOD BANK agrees to work closely
21 with the CITY OF AUBURN in developing and improving other ways
22 to address the needs of Auburn residents served through THE
23 AUBURN FOOD BANK
24
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 id\agree\afb97)
January 16, 1997 Page 2
1
2 3 . TERM.
3 The term of this Agreement shall commence on January 1,
4 1997 and shall expire on December 31, 1997
5 4 COMPENSATION.
6 As full and total payment for the services provided under
7 this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an
8 amount not to exceed SIX THOUSAND DOLLARS ($6 , 000) THE
9 AUBURN FOOD BANK will submit a statement to the CITY quarterly
10 describing services that it has rendered under the terms of
11 this Agreement and the CITY will pay an amount equal to one-
12 quarter of the total amount by the twenty-eighth (28th) day of
13 the month following the end of the quarter However, the
14 final statement of services rendered will be submitted on or
15 before December 15, 1997
16 5 . INDEMNIFICATION.
17 THE AUBURN FOOD BANK agrees to defend, indemnify, and
18 hold harmless the CITY, its elected and appointed officials,
19 employees and agents from and against any and all claims,
20 demands and/or causes of action of any kind or character
21 whatsoever arising out of or relating to services provided by
22 THE AUBURN FOOD BANK, its employees, volunteers or agents
23 concerning any and all claims by any persons for alleged
24 injury or damage to persons or property to the extent caused
25 by the negligent acts, errors or omissions of THE AUBURN FOOD
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 3
1
2 BANK, its employees, volunteers or agents or representatives
3 In the event that any suit or claim for damages based upon
4 such claim, action, loss or damage is brought against the
5 CITY, THE AUBURN FOOD BANK shall defend the same as its sole
6 costs and expense; provided that the CITY retains the right to
7 participate in said suit if any principle of governmental or
8 public law is involved; and if final judgment be rendered
9 against the CITY and/or its officers, elected officials,
10 agents and employees or any of them or jointly against the
11 CITY and THE AUBURN FOOD BANK and their respective officers,
12 agents, volunteers, employees or any of them, THE AUBURN FOOD
13 BANK shall fully satisfy the same and shall reimburse the CITY
14 any costs and expense which the CITY has incurred as a result
15 of such claim or suit The provisions of this section shall
16 survive the expiration or termination of this Agreement
17 6 INDEPENDENT AGREEM NT OR/ASSIGNMENT.
18 The parties agree and understand that THE AUBURN FOOD
19 BANK is an independent contractor and not the agent or
20 employee of the CITY and that no liability shall attach to the
21 CITY by reason of entering into this Agreement except as
22 provided herein The services required under this Agreement
23 may not be assigned or subcontracted by THE AUBURN FOOD BANK
24 without the prior written consent of the CITY
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 4
1
2 7 INSURANCE.
3 THE AUBURN FOOD BANK shall procure and maintain for the
4 duration of this Agreement insurance against claims for
5 injuries to persons or property which may arise from or in
6 connection with services provided by THE AUBURN FOOD BANK, it
7 agents, employees or volunteers under this Agreement THE
8 AUBURN FOOD BANK agrees to provide comprehensive general
9 liability insurance and shall maintain liability limits of not
10 less than ONE MILLION DOLLARS ($1 , 000 , 000) combined single
11 limit coverage per occurrence for bodily injury, personal
12 injury and property damage THE AUBURN FOOD BANK shall also
13 provide and maintain professional liability coverage including
14 errors and omissions coverage in the minimum liability amount
15 of ONE MILLION DOLLARS ($1, 000 , 000) combined single limit per
16 occurrence for bodily injury, personal injury and property
17 damage Any deductibles or self insured retentions in either
18 policies must be declared to and approved by the CITY At the
19 option of the CITY either The insurer shall reduce or
20 eliminate such deductibles or self insured retentions as
21 respects the CITY, its officials and employees ; or THE AUBURN
22 FOOD BANK shall procure a bond guaranteeing payment of losses
23 and related investigations, claim administration and defense
24 expenses The policies are to contain or be endorsed to
25 contain the following provisions
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 5
1
2 1 GENERAL LIABILITY COVERAGE:
3 (a) The CITY, its elected and appointed officials,
4 employees and agents are to be covered as insureds
5 as respects Liability arising out of services and
6 activities performed by or on behalf of THE AUBURN
7 FOOD BANK, its employees, agents and volunteers
8 The coverage shall contain no special limitations on
9 the scope of protection afforded to the CITY, its
10 elected and appointed officials, employees or
11 agents
12 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY
13 COVERAGES.
14 (a) THE AUBURN FOOD BANK' S insurance coverage shall
15 be primary insurance as respects the CITY, its
16 officials, employees and agents Any insurance
17 or self insurance maintained by the CITY, its
18 officials, employees or agents shall be in
19 excess of THE AUBURN FOOD BANK' S insurance and
20 shall not contribute with it
21 (b) Any failure to comply with reporting provisions
22 of the policy shall not affect coverage
23 provided to the CITY, its officials, employees
24 or agents
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16 1997 Page 6
1
2 (c) Coverage shall state that THE AUBURN FOOD
3 BANK' S insurance shall apply separately to each
4 insured against whom claim is bought or suit is
5 brought except with respect to the limits to
6 the insurer ' s liability
(d) Each insurance policy required by this clause
7
8 shall be endorsed to state that coverage shall
9 not be suspended, voided, cancelled, reduced in
10 coverage, or in limits except after thirty (30)
11 days prior written notice by certified mail
12 return receipt requested has been given to the
13 CITY THE AUBURN FOOD BANK agrees to provide
14 copies of the Certificates of Insurance to the
15 CITY at the time that this Agreement takes
16 effect
17 (e) THE AUBURN FOOD BANK shall furnish the CITY
18 with Certificates of Insurance and with
19 original endorsements affecting coverage
20 required by this clause The certificate and
21 endorsements for each insurance policy are to
22 be signed by a person authorized by that
23 insurer to bind coverage on its behalf The
24 CITY reserves the right to require complete,
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 7
1
2 certified copies of all required insurance
3 policies at any time
4 (f) THE AUBURN FOOD BANK shall include all
5 volunteers, employees and agents under its
6 policies or shall furnish separate certificates
and endorsements for each All coverages for
7
8 volunteers shall be subject to all the
9 requirements stated herein
10 8 NONDISCRIMINATION
11 THE AUBURN FOOD BANK shall not discriminate under any
12 services or programs to which this Agreement may apply
13 directly or through contractual or other arrangements on the
14 grounds of race, color, creed, religion, national origin, sex,
15 age, or the presence of any sensory, mental or physical
16 handicap
17 9 . BOOKS AND RECORDS .
18 THE AUBURN FOOD BANK agrees to maintain separate accounts
19 and records in accordance with State Auditor' s procedures,
20 including personnel, property, financial and programmatic
21 records which sufficiently reflect direct and indirect costs
22 and services performed under this Agreement THE AUBURN FOOD
23 BANK agrees to maintain all books and records relating to this
24 Agreement for a period of three (3) years following the date
25 that this Agreement is expired or otherwise terminated The
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 <d\agree\afb97)
January 16, 1997 Page 8
1
2 parties agree that the CITY OF AUBURN may inspect such
3 documents upon good cause at any reasonable time within the
4 three (3) year period
5 10 TERMINATION OF AGREEMENT.
6 This Agreement may be terminated by either party upon ten
7 (10) days written notice should the other party fail
8 substantially to perform in accordance with its terms through
9 no fault of the other
10 11 GENERAL PROVISIONS.
11 11 1 THE AUBURN FOOD BANK agrees to submit a report
12 to the CITY no later than December 15, 1997,
13 describing the progress and activities
14 performed for the year 1997 under its scope of
15 services
16 11 2 This Agreement shall be governed by the laws,
17 regulations and ordinances of the City of
18 Auburn, the State of Washington, and County of
19 King and where applicable, Federal laws
20 11 3 The CITY and THE AUBURN FOOD BANK respectively
21 bind themselves, their successors, volunteers,
22 assigns and legal representatives to the other
23 party to this Agreement and with respect to
24 all covenants to this Agreement
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 9
1
2 11 4 This Agreement represents the entire and
3 integrated Agreement between the CITY and THE
4 AUBURN FOOD BANK and supersedes all prior
5 negotiations This Agreement may be amended
6 only by written instrument signed by both the
CITY and THE AUBURN FOOD BANK
7
8 11 5 Should it become necessary to enforce any term
9 or obligation of this Agreement, then all costs
10 of enforcement including attorneys fees and
11 expenses and court costs shall be paid to the
12 substantially prevailing party
13 11 6 THE AUBURN FOOD BANK agrees to comply with all
14 local, state and federal laws applicable to its
15 performance under this Agreement
16
17 CITY OF AUBURN
18
19
20 6Rrles- n'd ��rro
CHARLES A BOOTH
21 MAYOR
22
23
24
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 10
1
ATTEST
2
3
4 /91-47/1%1L/002/17 1�u�
5 Robin Wohlhueter,
City Clerk
6
7
8 APPROVED AS TO FORM
9
10 I ,
11 Michael J Reynolds ,
12 City Attorney
13
14
15
16 THE AUBURN FOOD BANK
17
18
BY
19
20 /
21 TITLE Aleta ,,/K,Jr4f,r
22
23
24
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 11
1
STATE OF WASHINGTON )
2 ) ss
COUNTY OF KING )
3
4
On this (20 day of "J72i 1,(v , 1997, before
5 me, the undersigned, a Notary Public in and for the State of
6 Washington, personally appeared \dick, "R La(Pr'tc/ ,
7 to me known to be the Executive Director of THE AUBURN FOOD
8 BANK, the non-profit corporation that executed the within and
g foregoing instrument, and acknowledged said instrument to be
10 the free and voluntary act and deed of said non-profit
-corporation for the uses- and purposes therein :mentioned, and
11
on oath stated that he/she is authorized .to execute said
12
instrument on behalf of .said non-profit corporation
13
14 IN WITNESS WHEREOF, I have hereunto set my hand and
15 affixed my official seal the date hereinabove set forth
17 •� FARgjNllll �_ i G 1.,J MA ��c,/c�✓
sew Q y Jet?N.... 1- rri12 fnvl
18 °Qi= s'��Olio, NOTARY PUBLIC in and for the State of
19 e , NOTMY S Z a Washington, residing in 21UCK of
S N's PUMA $#
t ..-4!,,,,i) _ ?� MY COMMISSION expires //// �7
9 ' -;/1,-___."-9a ,t .:
20 •111 ��jj
21 4 9 WAS
22
23
24
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 12
G'tU'Of
fr: i\
CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Robin Wohlhueter,City clerk 25 West Main, Auburn,WA 98001
Dani Daskam,Deputy City Clerk 1 iW 1.ii City Clerk:(206)931-3039
Tamie Bothell,Records/License Clerk Business Registration:(206)931-3007 Fax (206)931-3053
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2810 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2810 "
I certify that said Resolution No 2810 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 18th day of February, 1997
Witness my hand and the seal of the City of Auburn this 20th day of June, 1997
Robin Wohlhueter
City Clerk
City of Auburn
Ar t
•
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Patti Zook, Planning Secretary
FROM. Robin Wohlhueter, City Clerk
SUBJECT Social Service Agency Contracts
DATE. February 21, 1997
Per your request, the below listed social service agency contracts are transmitted to
you. As you are aware, the City Council adopted the below listed Resolutions on
February 18, 1997 A copy of each resolution is provided along with the original
contracts that have been executed by the City of Auburn.
1) Resolution No. 2802
Authorizes an Agreement with Auburn Christian Action Program Day Care
(ACAP) for parenting classes during 1997
2) Resolution No. 2803
Authorizes an Agreement with Auburn Christian Action Program Day Care
(ACAP) for child care services during 1997
3) Resolution No. 2804
Authorizes an Agreement with Auburn Community Suppers to provide meals for
the needy during 1997
4) Resolution No. 2805
Authorizes an Agreement with Auburn Youth Resources for support services for
youth and families in the Auburn Community for 1997
5) Resolution No. 2806
Authorizes an Agreement with Children's Home Society to provide child care
services through the families first program for 1997
6) Resolution No. 2807
Authorizes an Agreement for Services with Community Health Centers of South
King County to provide health services to Auburn residents during 1997
7) Resolution No. 2810
Authorizes an Agreement for Services with the Auburn Food Bank to purchase
and provide food to Auburn residents during 1997
Memo to Patti Zook
February 21, 1997
Page No. 2
8) Resolution No. 2811
Authorizes an Agreement with King County Sexual Assault Resource Center to
providing counseling services to rape and other sexual assault victims in the
Auburn area during 1997
9) Resolution No. 2812
Authorizes an Agreement with Valley Cities Counseling and Consultation to
provide mental health services for Auburn residents during 1997
10) Resolution No. 2813
Authorizes an Agreement for Services with Washington Women's Employment
and Education to provide employment training services to Auburn residents
participating in the Auburn Healthy Families Program during 1997
All agreements require a notarized signature from the appropriate social services
agency official. Additionally, a certificate of insurance naming the City of Auburn as an
additional insured is required to be on file with the original agreement that requests it.
Other provisions such as reports should be filed appropriately
Please file original agreements or contracts with our office for filing with the original
resolution
File; Contract Administration, Pending
f:\clerk\cont\R E S2802
�.. •
ORIGINAL
1 AGREEMENT FOR SERVICES
2
3
THIS AGREEMENT made and entered into this day of
4
, 1997, by and between the CITY OF AUBURN,
5
a municipal corporation of the State of Washington, hereafter
6
referred to as "CITY" and THE AUBURN FOOD BANK, a non-profit
7
corporation organized under the laws of the State of
8
Washington, whose mailing address is P O Box 464 , Auburn,
9
Washington 98071 and service address is 930 18th Place
10
Northeast , Auburn, Washington 98002 , hereinafter referred to
11
as "THE AUBURN FOOD BANK"
12
WHEREAS, THE AUBURN FOOD BANK provides a valuable service
13
to the CITY and its residents through the dispensation of
14
food; and
15
WHEREAS, the CITY is interested in continuing support of
16
the dispensation of food
17
NOW, THEREFORE, In consideration of the covenants and
18
conditions of this Agreement, the parties agree as follows
19
1 PURPOSE.
20
The purpose of this Agreement is to provide for an
21
22 appropriation to THE AUBURN FOOD BANK to be used for the
23 purchase and providing of food to Auburn residents during the
24 1997 term This continued support is in recognition of the
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 1
Jew
1
2 fact that the demand for the services delivered by THE AUBURN
3 FOOD BANK continues to rise
4 2 SCOPE OF SERVICES .
5 The parties agree and understand that THE AUBURN FOOD
6 BANK agrees to use the appropriation for the purchase of food
to be provided to Auburn residents at local distribution
8 site (s) within the Auburn Community Services shall include
9 but are not limited to those services described as follows
10 A Distribution of packaged, canned, fresh and
11 preparable food items to Auburn residents who lack
12 sufficient economic resources to provide themselves
13 with regular meals and a balanced diet
14 B Education of the community concerning (1) the
15 importance of food in the community; (2) the
16 inability of certain segments of the community' s
17 population to acquire necessary food independent of
18 the food bank; and (3) the importance of the role of
19 the Auburn Food Bank in the Auburn Community
20 In addition, THE AUBURN FOOD BANK agrees to work closely
21 with the CITY OF AUBURN in developing and improving other ways
22 to address the needs of Auburn residents served through THE
23 AUBURN FOOD BANK
24
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 2
1
2 3 TERM.
3 The term of this Agreement shall commence on January 1 ,
4 1997 and shall expire on December 31 , 1997
5 4 COMPENSATION.
6 As full and total payment for the services provided under
7 this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an
8 amount not to exceed SIX THOUSAND DOLLARS ($6 , 000) THE
9 AUBURN FOOD BANK will submit a statement to the CITY quarterly
10 describing services that it has rendered under the terms of
11 this Agreement and the CITY will pay an amount equal to one-
12 quarter of the total amount by the twenty-eighth (28th) day of
13 the month following the end of the quarter However, the
14 final statement of services rendered will be submitted on or
15 before December 15 , 1997
16 5 INDEMNIFICATION.
17 THE AUBURN FOOD BANK agrees to defend, indemnify, and
18 hold harmless the CITY, its elected and appointed officials,
19 employees and agents from and against any and all claims,
20 demands and/or causes of action of any kind or character
21 whatsoever arising out of or relating to services provided by
22 THE AUBURN FOOD BANK, its employees, volunteers or agents
23 concerning any and all claims by any persons for alleged
24 injury or damage to persons or property to the extent caused
25 by the negligent acts, errors or omissions of THE AUBURN FOOD
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb973
January 16, 1997 Page 3
1
2 BANK, its employees, volunteers or agents or representatives
3 In the event that any suit or claim for damages based upon
4 such claim, action, loss or damage is brought against the
5 CITY, THE AUBURN FOOD BANK shall defend the same as its sole
6 costs and expense; provided that the CITY retains the right to
7 participate in said suit if any principle of governmental or
8 public law is involved; and if final judgment be rendered
9 against the CITY and/or its officers, elected officials,
10 agents and employees or any of them or jointly against the
11 CITY and THE AUBURN FOOD BANK and their respective officers,
12 agents, volunteers, employees or any of them, THE AUBURN FOOD
13 BANK shall fully satisfy the same and shall reimburse the CITY
14 any costs and expense which the CITY has incurred as a result
15 of such claim or suit The provisions of this section shall
16 survive the expiration or termination of this Agreement
17 6 . INDEPENDENT AGREEMENT OR/ASSIGNMENT.
18 The parties agree and understand that THE AUBURN FOOD
19 BANK is an independent contractor and not the agent or
20 employee of the CITY and that no liability shall attach to the
21 CITY by reason of entering into this Agreement except as
22 provided herein The services required under this Agreement
23 may not be assigned or subcontracted by THE AUBURN FOOD BANK
24 without the prior written consent of the CITY
25
26
---- --- ---- -- ----Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 Cd\agree\afb97)
January 16, 1997 Page 4
1
2 7 INSURANCE.
3 THE AUBURN FOOD BANK shall procure and maintain for the
4 duration of this Agreement insurance against claims for
5 injuries to persons or property which may arise from or in
6 connection with services provided by THE AUBURN FOOD BANK, it
7 agents , employees or volunteers under this Agreement THE
8 AUBURN FOOD BANK agrees to provide comprehensive general
9 liability insurance and shall maintain liability limits of not
10 less than ONE MILLION DOLLARS ($1, 000, 000) combined single
11 limit coverage per occurrence for bodily injury, personal
12 injury and property damage THE AUBURN FOOD BANK shall also
13 provide and maintain professional liability coverage including
14 errors and omissions coverage in the minimum liability amount
15 of ONE MILLION DOLLARS ($1, 000 , 000) combined single limit per
16 occurrence for bodily injury, personal injury and property
17 damage Any deductibles or self insured retentions in either
18 policies must be declared to and approved by the CITY At the
19 option of the CITY either The insurer shall reduce or
20 eliminate such deductibles or self insured retentions as
21 respects the CITY, its officials and employees ; or THE AUBURN
22 FOOD BANK shall procure a bond guaranteeing payment of losses
23 and related investigations, claim administration and defense
24 expenses The policies are to contain or be endorsed to
25 contain the following provisions
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 td\agree\afb97)
January 16, 1997 Page 5
1
2 1 GENERAL LIABILITY COVERAGE.
3 (a) The CITY, its elected and appointed officials,
4 employees and agents are to be covered as insureds
5 as respects Liability arising out of services and
6 activities performed by or on behalf of THE AUBURN
7 FOOD BANK, its employees, agents and volunteers
8 The coverage shall contain no special limitations on
9 the scope of protection afforded to the CITY, its
10 elected and appointed officials, employees or
11 agents
12 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY
13 COVERAGES .
14 (a) THE AUBURN FOOD BANK' S insurance coverage shall
15 be primary insurance as respects the CITY, its
16 officials, employees and agents Any insurance
17 or self insurance maintained by the CITY, its
18 officials, employees or agents shall be in
19 excess of THE AUBURN FOOD BANK' S insurance and
20 shall not contribute with it
21 (b) Any failure to comply with reporting provisions
22 of the policy shall not affect coverage
23 provided to the CITY, its officials, employees
24 or agents
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 6
1
2 (c) Coverage shall state that THE AUBURN FOOD
3 BANK' S insurance shall apply separately to each
insured against whom claim is bought or suit is
4
5 brought except with respect to the limits to
6 the insurer' s liability
7
(d) Each insurance policy required by this clause
8 shall be endorsed to state that coverage shall
9 not be suspended, voided, cancelled, reduced in
10 coverage, or in limits except after thirty (30)
11 days prior written notice by certified mail
12 return receipt requested has been given to the
13 CITY THE AUBURN FOOD BANK agrees to provide
14 copies of the Certificates of Insurance to the
15 CITY at the time that this Agreement takes
16 effect
17 (e) THE AUBURN FOOD BANK shall furnish the CITY
18 with Certificates of Insurance and with
19 original endorsements affecting coverage
20 required by this clause The certificate and
21 endorsements for each insurance policy are to
22 be signed by a person authorized by that
23 insurer to bind coverage on its behalf The
24 CITY reserves the right to require complete,
25
26
---- --- ------- --- ----
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 7
1
2 certified copies of all required insurance
3 policies at any time
4 (f) THE AUBURN FOOD BANK shall include all
5 volunteers, employees and agents under its
6 policies or shall furnish separate certificates
and endorsements for each All coverages for
7
8 volunteers shall be subject to all the
9 requirements stated herein
10 8 . NONDISCRIMINATION
11 THE AUBURN FOOD BANK shall not discriminate under any
12 services or programs to which this Agreement may apply
13 directly or through contractual or other arrangements on the
14 grounds of race, color, creed, religion, national origin, sex,
15 age, or the presence of any sensory, mental or physical
16 handicap
17 9 BOOKS AND RECORDS .
18 THE AUBURN FOOD BANK agrees to maintain separate accounts
19 and records in accordance with State Auditor ' s procedures,
20 including personnel, property, financial and programmatic
21 records which sufficiently reflect direct and indirect costs
22 and services performed under this Agreement THE AUBURN FOOD
23 BANK agrees to maintain all books and records relating to this
24 Agreement for a period of three (3) years following the date
25 that this Agreement is expired or otherwise terminated The
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 8
pi
1
ATTEST
2
3
5 Robin Wohlhueter,
City Clerk
6
7
8 APPROVED AS TO FORM
9
10
11 Michael J Reynolds,
12 City Attorney
13
14
15
16 THE AUBURN FOOD BANK
17
18
BY
19
20
21 TITLE
22
23
24
25
26
Agreement - The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 (d\agree\afb97)
January 16, 1997 Page 11
. 4 •
1
STATE OF WASHINGTON )
2 ) ss
COUNTY OF KING
3
4
On this day of , 1997, before
5 me, the undersigned, a Notary Public in and for the State of
6 Washington, personally appeared
7 to me known to be the Executive Director of THE AUBURN FOOD
8 BANK, the non-profit corporation that executed the within and
9 foregoing instrument, and acknowledged said instrument to be
10 the free and voluntary act and deed of said non-profit
11 corporation for the uses and purposes therein mentioned, and
on oath stated that he/she is authorized to execute said
12
instrument on behalf of said non-profit corporation
13
14 IN WITNESS WHEREOF, I have hereunto set my hand and
15 affixed my official seal the date hereinabove set forth
16
17
18 NOTARY PUBLIC in and for the State of
Washington, residing in
19
MY COMMISSION expires
20
21
22
23
24
25
26
Agreement The Auburn Food Bank 1997
Exhibit "A" Resolution No. 2810 td\agree\afb97)
January 16, 1997 Page 12